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Dear friends,
I am searching for external member for ICC team each for Gujarat and Maharashtra, under sexual harassment policy. Can anyone please share the details of any person who can be part of our ICC team.
Regards
Pooja Singh
4th February 2015 From India, New Delhi
Dear Pooja,
Please share more details on the minimum criteria to qualify as an external member . Do share the deliverables and a broad idea to the time required for delivery of the responsibilities .
Looking forward to hear from you so that we can suggest.
4th February 2015 From India, Mumbai
The member should be someone from NGO working for women’s rights and have knowledge of the subject matter.
4th February 2015 From India, Mumbai
Dear Ms. Pooja,
Greetings from Team Kapgrow!!
I am willing to act as an external member on the ICC. I am already acting as an external member on the ICC of a few organizations. In case you need a male member, we can nominate a senior male member from our organization.
I am based out of Delhi and am willing to travel.
We also take up other services under the prevention of sexual harassment law like conducting training / sensitization sessions for for employees, orientation sessions for ICC members, drafting of policy, etc.
Please feel free to connect to discuss the matter further.
Thanks,
Kind Regards,
Avika Kapoor
Vice President - Operations
Website: Kapgrow

4th February 2015 From India, New Delhi
ear Ms. Pooja,
Greetings from Team Kapgrow!!
I am willing to act as an external member on the ICC. I am already acting as an external member on the ICC of a few organizations. In case you need a male member, we can nominate a senior male member from our organization.
I am based out of Delhi and am willing to travel.
5th February 2015 From India, Mumbai
Dear Ms Pooja Singh,

You have posted your requirement but in fact it would draw your attention to the fact that this is a very important subject and requires serious consideration before engaging an outsider as a member of ICC (Internal Complaint Committee). Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 prescribes in Sub Section (2) (c) that "one member from amongst the NGOs or associations committed to the cause of women or a person familiar with the issues of relating to sexual harassment" should be on ICC.

The above provision of Section 4 (2)(c) makes it very clear that the external person should be either from an NGO or from an Association committed to the cause of women or a person familiar with the issues of sexual harassment. Hence it may be kept in mind that you engage a person from these two sectors only. Secondly it would be pertinent to mention that such an external person should not be a legal practitioner. The accused employee (respondent) shall be entitled to take assistance from any departmental/company's employee, but in case you engage a legal practitioner, belonging to NGO/Association, then you have to permit the employee to engage a legal practitioner from outside department/company.

It may be suggested that you engage a outsider person from a local NGO/Association working for the cause of women. It would be better if such an outsider is a woman, but the law does not put a bar on a man to be a member of ICC.

It may be relevant to mention that one half of the members of the ICC can be male members. The term of members will be three years from the date of their nomination on ICC (Sub Section (3) of Section 4).

Sincerely,
C.M. Lal Srivastava
srivastavacmlal@gmail.com
09818680671
6th February 2015
6th February 2015 From India, New Delhi
I would like to differ from the above statement that such external member cannot be a legal practitioner. Rule 4(b) of the SHWW Rule, 2013 explicitly allows a person who is familiar with labour, service, civil or criminal law to be appointed as an external member of ICC.
Moreover, the Act does not allow a person to be represented by a lawyer, irrespective of the fact that a member of ICC is a lawyer or not (Rule 7(6)).
23rd February 2015 From India, New Delhi
Dear Madam

I am representing few MNC's as External Member on PAN INDIA BASIS.

i also take the liberty to bring to your kind attention that

You may be aware that apart from constitution of Internal Complaints Committee, Chapter VI Section 19(c) stipulates that every employer shall “organize workshops and awareness program at regular intervals for sensitizing the employees with the provisions of the Act and orientation program for the members of the Internal Committee.

We, S. G. MANAGEMENT SERVICES (SGM), apart from Labour Law Compliance,has been providing business consultancy on implementation of this new Sexual Harassment Act 2013 as a turnkey project. This is a very sensitive compliance issue and is as important as other labour laws and as important as filling your taxes. More than the penalties for non compliance it’s more so about safeguarding the employees, senior management and reputation of the organization.

We have been providing end to end consultancy on this subject right from Reviewing/Writing your HR policy on SHW, Retainer-ship Model – External ICC member, Orientation programs on the Act along with Gender Sensitization module, a detailed practical workshop on the Functioning of the Internal Complaints Committee packed with Case Studies, Scenarios, Videos and Mock Case Investigations.

We at SGM, have been working with several organizations from private sectors and each one of them comes with their internal complexities related to their big employee base, hierarchy, multiple locations, and several other factors. We have been providing end to end consultancy, on-site training and support with drawing up a robust policy and help with the external member to these companies on PAN INDIA basis. To name a few; AIRCOM International India Private Limited, Teoco Software Private Limited, Ganymede Technologies Private Limited, Freescale Semiconductor Private Limited and many more.
Attached, please find our Company Profile for your kind perusal.
In case you desire to avail our services please get in touch with us. It will be our privilege and pleasure to associate with you.
With WARM REGARDS
P. S. LAKSHMANAN
S. G. Management Services
KOLKATA
(M) 09831877248
(Phone) (033) 24292298
27th January 2016 From India, Kolkata
Dear Madam

I am representing few MNC's as External Member of ICC on PAN INDIA BASIS.

i also take this opportunity that -

You may be aware that apart from constitution of Internal Complaints Committee, Chapter VI Section 19(c) stipulates that every employer shall “organize workshops and awareness program at regular intervals for sensitizing the employees with the provisions of the Act and orientation program for the members of the Internal Committee.

We, S. G. MANAGEMENT SERVICES (SGM), apart from Labour Law Compliance,has been providing business consultancy on implementation of this new Sexual Harassment Act 2013 as a turnkey project. This is a very sensitive compliance issue and is as important as other labour laws and as important as filling your taxes. More than the penalties for non compliance it’s more so about safeguarding the employees, senior management and reputation of the organization.

We have been providing end to end consultancy on this subject right from Reviewing/Writing your HR policy on SHW, Retainer-ship Model – External ICC member, Orientation programs on the Act along with Gender Sensitization module, a detailed practical workshop on the Functioning of the Internal Complaints Committee packed with Case Studies, Scenarios, Videos and Mock Case Investigations.

We at SGM, have been working with several organizations from private sectors and each one of them comes with their internal complexities related to their big employee base, hierarchy, multiple locations, and several other factors. We have been providing end to end consultancy, on-site training and support with drawing up a robust policy and help with the external member to these companies on PAN INDIA basis. To name a few; AIRCOM International India Private Limited, Teoco Software Private Limited, Ganymede Technologies Private Limited, Freescale Semiconductor Private Limited and many more.


In case you desire to avail our services please get in touch with us. It will be our privilege and pleasure to associate with you.

With WARM REGARDS

P. S. LAKSHMANAN
S. G. Management Services
KOLKATA
(M) 09831877248
(Phone) (033) 24292298
27th January 2016 From India, Kolkata
Hi Pooja, SGMC may be the right person, else you can try out representation from local NGO. regards
27th January 2016 From India, Mumbai
Hi All,
Thank you for the information
I have a querry, whether doctors an MBBS doctor can be appointed as an External member as the law itself say we can appoint any person who is familiar with the issues related to sexual Harrassment.
Please provide with the valuable insight.
Thank You
Smita
9th November 2017 From India, Gurgaon
Please write to Advocate B D. Negi for set up policy training and also for ICC member of Prevention of Sexual Harassment of Women at Workplace Act POSH write her at
13th November 2017 From India, Mumbai
Thank you very much for connecting with me. Please find my brief info below for your reference.
POSH/ ICC training
Sexual Harassment (SH) at the workplace is one of the serious concerns of organizations in India today. To support the cause of prevention of sexual harassment at workplace (POSH), the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act - 2013 was passed in India.
According to this act, any organization with more than 10 employees must implement this law. The law states that these organizations must have an Internal Complaints Committee with a woman heading it. Also, it is the responsibility of the organization to TRAIN their employees regarding on the basics the act.
POSH is one of the mandatory trainings in every organization.
We are independent consultants to conduct POSH trainings.
Ms. Meena Lokhande who is associated with many NGOs and corporates has been working on this issue for last 7 years even before the law was enacted in India.
She is associated with Aware Citizen Foundation. She is on the Internal Complaints Committee of many organizations like ONGC, Hotel Taj Palace, Hotel Taj Lands End, Hotel Vivanta by Taj, Taj Stats, Khaitan & Co. (law firm), Ador Welding Ltd. and Morning Star Inc,.
Sefar Filtration India Pvt. Ltd, ZF India Pvt. Ltd.,
She has been training their employees on a regular basis. She has trained employees of a few other companies like Jindal group of companies, United Spirits Ltd., etc.
She is a former General Secretary of YWCA of Bombay and a former Director of Barbhaya Kalpavruksha (NGOs).
We help you to comply with POSH Act.
Please contact Ms. Meena Lokhande 9819410818 or email us at
28th June 2018 From India, Virar
Dear Pooja,
In reference to your query in regard to External Member under Sexual
Harassment of women at workplace Act 2013, I would like to inform you that Internal Complaints Committee now Internal Committee ( After notification in 2016) is a " Quazi Judicial authority with powers of Civil Court under Code of Civil Procedure, 1908, needs to be formulated within the legal framework and nomination of the " External Member" needs to be done on justified grounds and in interest of the industry. Rule 3 of the Sexual Harassment of women at workplace Rules 2013 states that:-
"3) External Members on the Complaints Committee/s
The Act refers to external members, which generally means persons who have expertise with the issue of sexual harassment. Given the largely intangible nature of workplace sexual harassment, there are a range of complexities involved in responding effectively to workplace sexual harassment complaints. For this reason, external third party/ members on the Complaints Committee/s (from civil society or legal background) should possess the following attributes:
1. Demonstrated knowledge, skill and capacity in dealing with workplace sexual harassment issues/complaints;
2. Sound grasp and practice of the legal aspects/implications. Such expertise will greatly benefit Complaints Committees in terms of fair and informed handling of complaints to lead to sound outcomes. These external third party members shall be paid for their services on the Complaints Committees as prescribed.
3. The external member though the Act is silent but should be preferably be a female as per the Principle of Natural justice and even in many judgments it is stated that if during the enquiry the complainant not comfortable in giving her statement before the male committee members so they could be requested to leave for obtaining her statement on record. As the role of the external member is to handle the enquiry without any baisness.
Criteria for the External Member
A person familiar with issues relating to women would mean such persons who have expertise in issues related to sexual harassment and may include any of the following:
At least 5 years of experience as a social worker, working towards womens empowerment and in particular, addressing workplace sexual harassment;
Familiarity with labour, service, civil or criminal law."
The above highlighted points as per the enactment and the handbook issued by the central government through Ms. Maneka Gandhi confers eligibility as to a legal representative/ expert in the field of Sexual Harassment at Workplace Act 2013 except that the judgment of Air France in 2018 had made it much more clearer in reference to appointment of External member.
I would like to further add here that I have completed my PhD in law on the same subject for which alongwith it I being the member at Indian Institue of Human Rights too specializing in field of Child & women employment and development. I had been on role as "External Member" on number of companies on Pan India basis.
I hope the above clarification alongwith the attachment shall make it much specific and clear.
Regards
Dr. Aditi Kaushal
30th October 2018 From India, Delhi
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